49–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 114–7 

JUSTICE FOR VICTIMS OF TRAFFICKING ACT OF 2015 

JANUARY 27, 2015.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. GOODLATTE, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H.R. 181] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 181) to provide justice for the victims of trafficking, having 

considered the same, reports favorably thereon without amendment 

and recommends that the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 1 

Background and Need for the Legislation ............................................................. 2 

Hearings ................................................................................................................... 4 

Committee Consideration ........................................................................................ 4 

Committee Votes ...................................................................................................... 4 

Committee Oversight Findings ............................................................................... 4 

New Budget Authority and Tax Expenditures ...................................................... 4 

Congressional Budget Office Cost Estimate .......................................................... 4 

Duplication of Federal Programs ............................................................................ 5 

Disclosure of Directed Rule Makings ..................................................................... 5 

Performance Goals and Objectives ......................................................................... 5 

Advisory on Earmarks ............................................................................................. 5 

Section-by-Section Analysis .................................................................................... 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 8 

Purpose and Summary 

H.R. 181, as reported, is a comprehensive response to the growing crime of child sex trafficking. Among other things, this legislation addresses victim services and provides additional resources to 

law enforcement through the new victim-centered grant program; 

helps to facilitate these investigations by providing that sex trafVerDate Sep 11 2014 01:05 Jan 28, 2015 Jkt 049006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6601 E:\HR\OC\HR007.XXX HR007

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1See AMANDA WALKER-RODRIGUEZ & RODNEY HILL, THE FBI, FBI Law Enforcement Bulletin: 

Human Sex Trafficking, Mar. 2011. 2Starting in January 2013, the FBI began collecting data regarding sex trafficking specifically 

as part of its Uniform Crime Report program. This information should help to provide a more 

fulsome picture of the impact of minor sex trafficking nationwide. See FBI, UCR Program Continues to Adapt, Evolve, http://www.fbi.gov/about-us/cjis/cjis-link/september-2011/ucr-programcontinues-to-adapt-evolve. 3Oversight Hearing: The State of Efforts to Stop Human Trafficking, H. Subcomm. on Commerce, Justice, Science, and Related Agencies of the H. Comm. on Appropriations, 113th Congress (statement of John Ryan, CEO, National Center for Missing and Exploited Children). 4 U.S. DEPARTMENT OF JUSTICE, The National Strategy for Child Exploitation Prevention and 

Interdiction, 32, 2010, available at http://www.justice.gov/psc/docs/natstrategyreport.pdf. 5SHARED HOPE INTERNATIONAL, Domestic Minor Sex Trafficking in the U.S., http:// 

sharedhope.org/wp-content/uploads/2013/11/DMSTinfographic.pdf. 6 U.S. DEPARTMENT OF JUSTICE, supra note 4 at 32–33. 7Domestic Sex Trafficking: The Criminal Operations of the American Pimp, Polaris Project, 

available at http://www.dcjs.virginia.gov/victims/humantrafficking/vs/documents/Domesticl 

SexlTraffickinglGuide.pdf. 

ficking and other similar crimes are predicate offenses for state 

wiretap applications; addresses the demand side of this crime by 

clarifying that under existing 18 U.S.C. § 1591, it is a Federal 

crime to solicit or patronize for sex minors or adults who are involved in the sex trade through force, fraud, or coercion; and improves the reporting of missing children. 

Background and Need for the Legislation 

According to the Federal Bureau of Investigation, sex trafficking 

is the fastest-growing business of organized crime and the thirdlargest criminal enterprise in the world.1 Because this crime usually occurs outside of the public eye, it is difficult to estimate the 

number of minor victims of sex trafficking.2

The problem, however, is extensive. Demand for the prostitution 

(and other forms of commercial sexual exploitation) of children is 

steady, and profit to sex pimps (or more aptly called ‘‘traffickers’’), 

has increased. One study estimates that over 290,000 American 

youth are at risk of becoming a victim of sex trafficking, and the 

National Center for Missing and Exploited Children estimates that 

one of every seven endangered runaways reported to the Center 

are likely victims of minor sex trafficking.3 And, from 2004 through 

2008, the Internet Crimes Against Children Task Forces have experienced an increase of more than 900 percent in the number of 

child victims of prostitution.4

Victims of sex trafficking are exploited by traffickers who may 

operate alone or as part of a criminal network. Shared Hope International estimates that human trafficking in the United States is 

a $9.8 billion industry.5 It is more profitable for a trafficker to sell 

the sexual services of a child or adult than to commit other crimes 

such as dealing in drugs—drugs can only be sold once, whereas victims can be, and are, prostituted multiple times a day.6 In fact, 

traffickers will often set daily monetary quotas for their victims, 

usually ranging between $500 and $1,000, which goes to the trafficker and not the victim. Failure to meet these quotas can result 

in violence and other types of retaliation against the victim.7

Many traffickers increase their profits by working together and 

sharing information about ‘‘hot spots’’ where there may be higher 

demand or areas of increased police activity to avoid. For example, 

traffickers will often transport their victims to cities that are 

hosting major sporting events or conventions in order to find increased demand. The practice of moving children from city to city 


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8 RIGHTS4GIRLS, http://www.rights4girls.org/uploads/child%20welfare%20and%20child%20traf 

ficking.pdf. 9 HEATHER HAMMER, DAVID FINKELHOR, & ANDREA J. SEDLAK, U.S. DEPARTMENT OF JUSTICE

OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION, OJJDP NISMART Bulletin RUNAWAY/THROWNAWAY CHILDREN: NATIONAL ESTIMATES AND CHARACTERISTICS, Oct. 2002, available 

at https://www.ncjrs.gov/pdffiles1/ojjdp/196469.pdf. 

10See ‘‘You’re Pretty—You Could Make Some Money,’’ Washingtonian Mag., June 10, 2013 

(discussing the growth of minor sex trafficking victims coming from ‘‘the affluent Northern Virginia suburbs’’). 11See Domestic Sex Trafficking: The Criminal Operations of the American Pimp, supra note 

7. 12P.L. 106–386. 13 18 U.S.C. § 1591. 14 United States v. Jungers, 702 F.3d 1066, 1075 (8th Cir. 2013) (holding that purchasers of 

minor sex services can be held criminally liable under 18 U.S.C. § 1591. See also UNITED STATES

ATTORNEY’S OFFICE FOR THE WESTERN DISTRICT OF MISSOURI, LEBANON MAN SENTENCED TO 20

YEARS FOR COERCING A MINOR TO BECOME A SEX SLAVE (announcing the conviction of sex trafContinued 

also makes it more difficult for law enforcement to investigate and 

stop trafficking enterprises. 

The average age of minors entering the sex trade is between 12 

and 14 years.8 Traffickers often target vulnerable youth, who are 

more easily lured into prostitution and other forms of child exploitation. For example, runaways and children in the foster care system are particularly vulnerable to becoming victims of sex trafficking—one federally funded study found that approximately 1.7 

million youth had run away from home or were forced to leave 

their homes at some point in 1999, and that, while away from 

home, an estimated 38,600 (2.2%) of these youth were sexually assaulted, were in the company of someone known to be sexually abusive, or were engaged in sexual activity in exchange for money, 

drugs, food, or shelter.9 Victims of minor sex trafficking, however, 

are not always runaways or in foster homes. Instead, these victims 

can and do come from any type of home or socioeconomic background.10

Traffickers are often able to lure victims with false promises to 

address their emotional and physical vulnerabilities. These manipulative, abusive, and traumatizing relationships, however, can 

help to ensure that the victims will remain loyal to their traffickers 

in spite of their victimization. Other reasons that victims are often 

unable to leave their traffickers include being kept in captivity or 

confinement, the use of violence and threats, debt bondage, and 

fear of retaliation or arrest.11 This applies not only to child victims 

but also adults who, by force, fraud, or coercion, are victims of traffickers. 

The investigation and prosecution of human trafficking has often 

been carried out by state and local law enforcement. Congress has 

focused recent attention on domestic sex trafficking of children, 

which includes commercial sex acts involving children under the 

age of 18. Under the Victims of Trafficking and Violence Protection 

Act of 2000 (TVPA), the primary law that addresses trafficking, sex 

trafficking of children in interstate commerce is a Federal crime.12

Further, regardless of whether a child is believed to have consented 

to sex or whether the child represents himself or herself as an 

adult, the child is considered a trafficking victim under Federal 

law.13

While much of the efforts to combat this crime have focused on 

the supply-side of sex trafficking, it is also a Federal (and state) 

crime to purchase sex with a minor.14 There is no uniform profile 


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ficking customers), available at http://www.justice.gov/usao/mow/news2013/bagley.sen.html (announcing the conviction of sex trafficking customers). 15See generally Malika Saada Saar, There is No Such Thing As A Child Prostitute, Wash. 

Post, Feb, 17, 2014 (discussing Tami, who pleaded with her purchasers for months to take her 

to the police because she was a minor, but none did), available at http://www. 

washingtonpost.com/opinions/there-is-no-such-thing-as-a-child-prostitute/2014/02/14/631ebd26- 

8ec7-11e3-b227-12a45d109e03lstory.html. 

of a buyer of commercial sex with a minor, making buyers particularly difficult to identify. Research has suggested that these predators are often encouraged by online solicitations, temptations, and 

exploitation. In addition to those actively seeking out sex with minors, some buyers may engage in sex with minors unknowingly, to 

wit, those perpetrators may assume that a prostituted individual is 

an adult, not a child. Alternatively, they may or may not inquire 

about the age of that individual and may still decide to engage in 

a sex act even if she or he is a minor.15

Hearings 

The Committee on the Judiciary held no hearings on H.R. 181. 

Committee Consideration 

On January 21, 2015, the Committee met in open session and ordered the bill H.R. 181 favorably reported by voice vote, a quorum 

being present. 

Committee Votes 

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that there were 

no recorded votes during the Committee’s consideration of H.R. 

181. 

Committee Oversight Findings 

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

New Budget Authority and Tax Expenditures 

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

Congressional Budget Office Cost Estimate 

With respect to clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, an estimate and comparison prepared by 

the Director of the Congressional Budget Office under section 402 

of the Congressional Budget Act of 1974 was not submitted to the 

Committee before the of filing of the report. 


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Duplication of Federal Programs 

No provision of H.R. 181 establishes or reauthorizes a program 

of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the 

Government Accountability Office to Congress pursuant to section 

21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

Disclosure of Directed Rule Makings 

The Committee estimates that H.R. 181 specifically directs to be 

completed no specific rule makings within the meaning of 5 U.S.C. 

551. 

Performance Goals and Objectives 

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, H.R.181 is a comprehensive response to the growing crime of child sex trafficking 

that focuses on prosecuting offenders and providing assistance and 

services to victims. 

Advisory on Earmarks 

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H.R. 181 does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(e), 9(f), or 9(g) of Rule XXI. 

Section-by-Section Analysis 

The following discussion describes the bill as reported by the 

Committee. 

Section 1. Short Title. This section cites the short title of the bill 

as the ‘‘Justice for Victims of Trafficking Act of 2015.’’ 

Section 2. Victim-Centered Sex Trafficking Deterrence Grant Program. This section creates a victim-centered model grant program 

to help States and local governments develop and implement comprehensive victim-centered programs to train law enforcement, rescue exploited children, prosecute human traffickers, and restore the 

lives of victims. Specifically, these grant funds could be used for 

specialized training programs, the establishment of anti-trafficking 

task forces, victims’ services, and the establishment or enhancement of problem-solving court programs for trafficking victims all 

focused on victim rescue and restoration. This grant program 

amends the existing grant program codified at 42 U.S.C. § 14044b, 

and has the same authorization of $5 million a year over 5 years. 

Section 3. Amendments to the Victims of Child Abuse Act of 1990. 

This section clarifies that Child Advocacy Centers (CACs) may provide assistance and services to victims of child pornography and 

minor sex trafficking, and provides that existing grant programs 

can support these efforts. 

Section 4. Streamlining State and Local Human Trafficking Investigations. Under current law (18 U.S.C. § 2516), state and local 

law enforcement may obtain a wiretap warrant in their state courts 

upon a showing that the investigation may provide evidence of 

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16See, e.g., State v. Rivers, 660 So.2d 1360 (Fla. 1995). 

ing in narcotic drugs, marijuana or other dangerous drugs, or other 

crime dangerous to life, limb, or property, and punishable by imprisonment for more than 1 year[.]’’ State courts have struggled 

with whether human trafficking and prostitution investigations 

provide evidence of one of the listed classes of offenses, which in 

some cases has precluded state human trafficking task forces from 

obtaining wiretaps in these critical cases.16 To address this problem, this section clarifies that the principle prosecuting attorney of 

a state or its political subdivision may obtain a wiretap warrant in 

a state court pursuant to a showing of probable cause that the 

wiretap will provide evidence of a crime of human trafficking, child 

sexual exploitation, or child pornography production. 

Section 5. Enhancing Human Trafficking Reporting. This section 

requires law enforcement organizations who file missing children 

reports with the FBI’s National Crime Information Center (NCIC) 

to include a recent photograph of the missing child in their report 

where available, and requires the National Center for Missing and 

Exploited Children (NCMEC) to be notified of each report received 

relating to a child reported missing from a foster care family home 

or childcare institution. 

Section 6. Reducing Demand for Sex Trafficking. The TVPA defines a sex trafficker as a person who ‘‘knowingly—recruits, entices, 

harbors, transports, provides, obtains, or maintains by any means 

a person . . . knowing, or in reckless disregard of the fact, that 

means of force, threats of force, fraud, coercion . . . or any combination of such means will be used to cause the person to engage 

in a commercial sex act, or that the person has not attained the 

age of 18 years and will be caused to engage in a commercial sex 

act.’’ In United States vs. Jungers, the Eighth Circuit ruled that 18 

U.S.C. § 1591 applied to persons who purchase illicit sexual acts 

with trafficking victims after the U.S. District Court for the District of South Dakota erroneously granted motions to acquit buyers 

in two separate cases. This section clarifies existing law and codifies the Jungers decision by adding the words ‘‘solicits or patronizes’’ to the sex trafficking statute, thereby clarifying Congress’s intent that 18 U.S.C. § 1591 criminalizes those who purchase sexual 

acts from human trafficking victims. 

This section of the bill also clarifies that 18 U.S.C. § 1591(c) provides that the government not need to prove beyond a reasonable 

doubt that a defendant knew or recklessly disregarded the fact that 

the victim was under the age of 18 if the defendant had ‘‘a reasonable opportunity to observe the person.’’ This is a clarifying amendment meant to codify United States v. Robinson, 702 F.3d 22, 34 

(2d Cir. 2012) in which the Second Circuit held that in a ‘‘prosecution under § 1591, the government may satisfy its burden of proof 

with respect to the defendant’s awareness of the victim’s age by 

proving any of the following beyond a reasonable doubt: (1) the defendant knew that the victim was under eighteen, (2) the defendant recklessly disregarded the fact that the victim was under eighteen, or (3) the defendant had a reasonable opportunity to observe 

the victim.’’ 

Section 7. Using Existing Task Forces to Target Offenders Who 

Exploit Children. This section directs the Justice Department to 


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use its existing law enforcement task forces through the Innocence 

Lost National Initiative to focus on fighting demand for human 

trafficking through the investigation, arrest, and prosecution of 

persons who purchase sexual acts with human trafficking victims. 

Section 8. Holding Sex Traffickers Accountable. Current Federal 

law allows interstate child predators to claim an affirmative defense under the Mann Act (18 U.S.C. § 2423) where they can show, 

by a preponderance of the evidence (more likely than not), that 

they believed the person with whom they engaged in a commercial 

sex act was 18 years of age or older. This section increases the 

standard for claiming this affirmative defense by requiring defendants to show, by clear and convincing evidence (highly and substantially more probable than not), that they believed the victim to 

be 18 years of age or older. 

Section 9. Oversight and Accountability. This section provides accountability measures for the new Victim-Centered Sex Trafficking 

Deterrence Grant Program by allowing the DOJ Inspector General 

to conduct audits of grant recipients under the bill in order to prevent waste, fraud, and abuse of funds by grantees; prohibiting 

grantees with unresolved audit findings from receiving grant funds 

for a 2-year period; giving grantee priority to eligible entities that 

have not had an unresolved audit finding for the previous 3 years; 

and ensuring that grantees under the bill who have improperly received funds are required to reimburse the Federal Government in 

an amount equal to the improper award, among other things. This 

section also provides that grantees must seek approval when using 

more than $20,000 in grant funds to support or host a conference, 

except that a conference that uses more than $20,000 but less than 

$500 in grant funds per person is not subject to the approval requirements. This is intended to encourage grantees to be cost effective when holding conferences, and to not discourage large conferences that provide information and training in an efficient manner. 

Section 10. Crime Victims’ Rights. This section clarifies Congress’ 

intent with regard to several important provisions of the Crime 

Victims’ Rights Act (CVRA), enacted in 2004, and makes several 

technical and conforming changes to the CVRA. The CVRA gives 

crime victims ‘‘the right to participate in the system,’’ including the 

‘‘right to be treated with fairness and with respect for the victim’s 

dignity and privacy’’ and ‘‘the reasonable right to confer with the 

attorney for the Government in the case.’’ The law also instructs 

that these rights must be provided not just by the Justice Department but by ‘‘other departments and agencies of the United States 

engaged in the detection, investigation, or prosecution of crime.’’ 

Despite this mandate, in 2010, the Justice Department’s Office of 

Legal Counsel issued an opinion concluding that the CVRA does 

not confer rights on victims of Federal crimes until prosecutors initiate formal criminal proceedings via the filing of a complaint, information, or indictment. The result of this opinion is that Federal 

prosecutors are not required to notify crime victims of plea agreement or deferred prosecution agreement negotiations that occur 

prior to the filing of a formal charge. This section clarifies Congress’ intent that crime victims be notified of plea agreements or 

deferred prosecution agreements, including those that may take 

place prior to a formal charge. 


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The CVRA also empowers crime victims to challenge the denial 

of their rights through a writ of mandamus. However, since its enactment, the circuit courts have split on the issue of what standard 

of review should apply to such writs. This section adopts the approach followed by the Ninth Circuit in Kenna v. U.S. District 

Court for Central District of California, 435 F.3d 1011 (9th Cir. 

2006), and the Second Circuit in In re W.R. Huff Asset Management 

Company, 409 F.3d 555 (2d Cir. 2005), namely that, despite the use 

of a writ of mandamus as a mechanism for victims’ rights enforcement, Congress intended that such writs be reviewed under ordinary appellate review standards. 

Sec. 11. Sense of Congress. This section provides a sense of Congress that minor sex trafficking is a terrible crime that should be 

prosecuted to the fullest extent of the law. 

Changes in Existing Law Made by the Bill, as Reported 

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman): 

TRAFFICKING VICTIMS PROTECTION 

REAUTHORIZATION ACT OF 2005 

* * * * * * * 

TITLE II—COMBATTING DOMESTIC TRAFFICKING IN 

PERSONS 

* * * * * * * 

SEC. 203. PROTECTION OF JUVENILE VICTIMS OF TRAFFICKING IN 

PERSONS. 

ø(a) ESTABLISHMENT OF PILOT PROGRAM.—Not later than 180 

days after the date of the enactment of this Act, the Secretary of 

Health and Human Services shall establish and carry out a pilot 

program to establish residential treatment facilities in the United 

States for juveniles subjected to trafficking. 

ø(b) PURPOSES.—The purposes of the pilot program established 

pursuant to subsection (a) are to— 

ø(1) provide benefits and services to juveniles subjected to 

trafficking, including shelter, psychological counseling, and assistance in developing independent living skills; 

ø(2) assess the benefits of providing residential treatment 

facilities for juveniles subjected to trafficking, as well as the 

most efficient and cost-effective means of providing such facilities; and 

ø(3) assess the need for and feasibility of establishing additional residential treatment facilities for juveniles subjected to 

trafficking. 

ø(c) SELECTION OF SITES.—The Secretary of Health and 

Human Services shall select three sites at which to operate the 

pilot program established pursuant to subsection (a). 


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ø(d) FORM OF ASSISTANCE.—In order to carry out the responsibilities of this section, the Secretary of Health and Human Services shall enter into contracts with, or make grants to, organizations that— 

ø(1) have relevant expertise in the delivery of services to 

juveniles who have been subjected to sexual abuse or commercial sexual exploitation; or 

ø(2) have entered into partnerships with organizations 

that have expertise as described in paragraph (1) for the purpose of implementing the contracts or grants. 

ø(e) REPORT.—Not later than one year after the date on which 

the first pilot program is established pursuant to subsection (a), the 

Secretary of Health and Human Services shall submit to Congress 

a report on the implementation of this section. 

ø(f) DEFINITION.—In this section, the term ‘‘juvenile subjected 

to trafficking’’ means a United States citizen, or alien admitted for 

permanent residence, who is the subject of sex trafficking or severe 

forms of trafficking in persons that occurs, in whole or in part, 

within the territorial jurisdiction of the United States and who has 

not attained 18 years of age at the time the person is identified as 

having been the subject of sex trafficking or severe forms of trafficking in persons.¿ 

(a) GRANTS AUTHORIZED.—The Attorney General may make 

grants to eligible entities to develop, improve, or expand comprehensive domestic child human trafficking deterrence programs that assist law enforcement officers, prosecutors, judicial officials, and 

qualified victims’ services organizations in collaborating to rescue 

and restore the lives of victims, while investigating and prosecuting 

offenses involving child human trafficking. 

(b) AUTHORIZED ACTIVITIES.—Grants awarded under subsection 

(a) may be used for— 

(1) the establishment or enhancement of specialized training programs for law enforcement officers, first responders, 

health care officials, child welfare officials, juvenile justice personnel, prosecutors, and judicial personnel to— 

(A) identify victims and acts of child human trafficking; 

(B) address the unique needs of victims of child human 

trafficking; 

(C) facilitate the rescue of victims of child human trafficking; 

(D) investigate and prosecute acts of child human trafficking, including the soliciting, patronizing, or purchasing 

of commercial sex acts from children, as well as training to 

build cases against complex criminal networks involved in 

child human trafficking; and 

(E) implement and provide education on safe harbor 

laws enacted by States, aimed at preventing the criminalization and prosecution of victims of child human trafficking for prostitution offenses; 

(2) the establishment or enhancement of dedicated antichild human trafficking law enforcement units and task forces 

to investigate child human trafficking offenses and to rescue 

victims, including— 


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(A) funding salaries, in whole or in part, for law enforcement officers, including patrol officers, detectives, and 

investigators, except that the percentage of the salary of the 

law enforcement officer paid for by funds from a grant 

awarded under this section shall not be more than the percentage of the officer’s time on duty that is dedicated to 

working on cases involving child human trafficking; 

(B) investigation expenses for cases involving child 

human trafficking, including— 

(i) wire taps; 

(ii) consultants with expertise specific to cases involving child human trafficking; 

(iii) travel; and 

(iv) other technical assistance expenditures; 

(C) dedicated anti-child human trafficking prosecution 

units, including the funding of salaries for State and local 

prosecutors, including assisting in paying trial expenses for 

prosecution of child human trafficking offenses, except that 

the percentage of the total salary of a State or local prosecutor that is paid using an award under this section shall 

be not more than the percentage of the total number of 

hours worked by the prosecutor that is spent working on 

cases involving child human trafficking; and 

(D) the establishment of child human trafficking victim 

witness safety, assistance, and relocation programs that encourage cooperation with law enforcement investigations of 

crimes of child human trafficking by leveraging existing resources and delivering child human trafficking victims’ 

services through coordination with— 

(i) child advocacy centers; 

(ii) social service agencies; 

(iii) State governmental health service agencies; 

(iv) housing agencies; 

(v) legal services agencies; and 

(vi) non-governmental organizations and shelter 

service providers with substantial experience in delivering services to victims of child human trafficking; 

(3) the establishment or enhancement of problem solving 

court programs for child human trafficking victims that include— 

(A) continuing judicial supervision of victims of child 

human trafficking who have been identified by a law enforcement or judicial officer as a potential victim of child 

human trafficking, regardless of whether the victim has 

been charged with a crime related to human trafficking; 

(B) the development of specialized and individualized 

treatment programs for identified victims of child human 

trafficking, including— 

(i) State-administered outpatient treatment; 

(ii) life skills training; 

(iii) housing placement; 

(iv) vocational training; 

(v) education; 

(vi) family support services; and 

(vii) job placement; and 


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(C) collaborative efforts with child advocacy centers, 

child welfare agencies, shelters, and non-governmental organizations to provide services to victims and encourage cooperation with law enforcement; and 

(4) the establishment or enhancement of victims’ services 

programs for victims of child human trafficking, which offer 

services including— 

(A) residential care, including temporary or long-term 

placement, as appropriate; 

(B) 24-hour emergency social services response systems; 

and 

(C) counseling and case management services. 

(c) APPLICATION.— 

(1) IN GENERAL.—An eligible entity shall submit an application to the Attorney General for a grant under this section in 

such form and manner as the Attorney General may require. 

(2) REQUIRED INFORMATION.—An application submitted 

under this subsection shall— 

(A) disclose— 

(i) any other grant funding from the Department of 

Justice or from any other Federal department or agency for purposes similar to those described in subsection 

(b) for which the eligible entity has applied, and which 

application is pending on the date of the submission of 

an application under this section; and 

(ii) any other such grant funding that the eligible 

entity has received during the 5-year period prior to the 

date of the submission of an application under this section; 

(B) describe the activities for which assistance under 

this section is sought; 

(C) include a detailed plan for the use of funds awarded under the grant; and 

(D) provide such additional information and assurances as the Attorney General determines to be necessary to 

ensure compliance with the requirements of this section. 

(3) PREFERENCE.—In reviewing applications submitted in 

accordance with paragraphs (1) and (2), the Attorney General 

shall give preference to grant applications if— 

(A) the application includes a plan to use awarded 

funds to engage in all activities described under paragraphs (1) and (2) of subsection (b); or 

(B) the application includes a plan by the State or unit 

of local government to continue funding of all activities 

funded by the award after the expiration of the award. 

(d) DURATION AND RENEWAL OF AWARD.— 

(1) IN GENERAL.—A grant under this section shall expire 1 

year after the date of award of the grant. 

(2) RENEWAL.—A grant under this section shall be renewable not more than 3 times and for a period of not greater than 

1 year. 

(e) EVALUATION.—The Attorney General shall enter into a contract with an academic or non-profit organization that has experience in issues related to child human trafficking and evaluation of 

grant programs to conduct an annual evaluation of grants made 


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under this section to determine the impact and effectiveness of programs funded with grants awarded under this section, and shall 

submit any such evaluation to the Committee on the Judiciary of 

the House of Representatives and the Committee on the Judiciary of 

the Senate. 

(f) OVERSIGHT AND ACCOUNTABILITY.—An eligible entity that receives a grant under this section is subject to the requirements of 

section 10 of the Justice for Victims of Trafficking Act of 2014. 

(g) ADMINISTRATIVE CAP.—The cost of administering the grants 

authorized by this section shall not exceed 5 percent of the total 

amount appropriated to carry out this section. 

(h) FEDERAL SHARE.—The Federal share of the cost of a program funded by a grant awarded under this section may not exceed— 

(1) 70 percent in the first year; 

(2) 60 percent in the second year; and 

(3) 50 percent in the third year. 

(i) DEFINITIONS.—In this section— 

(1) the term ‘‘child’’ means a person under the age of 18; 

(2) the term ‘‘child advocacy center’’ means a center created 

under subtitle A of the Victims of Child Abuse Act of 1990 (42 

U.S.C. 13001 et seq.); 

(3) the term ‘‘child human trafficking’’ means 1 or more severe forms of trafficking in persons (as defined in section 103 

of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 

7102)) involving a victim who is a child; and 

(4) the term ‘‘eligible entity’’ means a State or unit of local 

government that— 

(A) has significant criminal activity involving child 

human trafficking; 

(B) has demonstrated cooperation between Federal, 

State, local, and, where applicable, tribal law enforcement 

agencies, prosecutors, and social service providers in addressing child human trafficking; and 

(C) has developed a workable, multi-disciplinary plan 

to combat child human trafficking. 

ø(g)¿ (j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the øSecretary of Health and Human 

Services¿ Attorney General, in consultation with the Secretary of 

Health and Human Services, to carry out this section $5,000,000 

for each of the øfiscal years 2008 through 2011¿ fiscal years 2015 

through 2019. 

* * * * * * * 

VICTIMS OF CHILD ABUSE ACT OF 1990 

* * * * * * * 

TITLE II—VICTIMS OF CHILD ABUSE 

ACT OF 1990 

* * * * * * * 


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Subtitle A—Improving Investigation and 

Prosecution of Child Abuse Cases 

* * * * * * * 

SEC. 212. DEFINITIONS. 

For purposes of this subtitle— 

(1) the term ‘‘Administrator’’ means the agency head designated under section 201(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611(b)); 

(2) the term ‘‘applicant’’ means a child protective service, 

law enforcement, legal, medical and mental health agency or 

other agency that responds to child abuse cases; 

(3) the term ‘‘board’’ means the Children’s Advocacy Advisory Board established under section 213(e); 

(4) the term ‘‘census region’’ means 1 of the 4 census regions (northeast, south, midwest, and west) that are designated as census regions by the Bureau of the Census as of 

the date of enactment of this section; 

(5) the term ‘‘child abuse’’ means physical or sexual abuse 

or neglect of a child, including human trafficking and the production of child pornography; 

(6) the term ‘‘Director’’ means the Director of the National 

Center on Child Abuse and Neglect; 

(7) the term ‘‘multidisciplinary response to child abuse’’ 

means a response to child abuse that is based on mutually 

agreed upon procedures among the community agencies and 

professionals involved in the intervention, prevention, prosecution, and investigation systems that best meets the needs of 

child victims and their nonoffending family members; 

(8) the term ‘‘nonoffending family member’’ means a member of the family of a victim of child abuse other than a member who has been convicted or accused of committing an act of 

child abuse; and 

(9) the term ‘‘regional children’s advocacy program’’ means 

the children’s advocacy program established under section 

213(a). 

* * * * * * * 

SEC. 214. LOCAL CHILDREN’S ADVOCACY CENTERS. 

(a) IN GENERAL.—The Administrator, in coordination with the 

Director and with the Director of the Office of Victims of Crime, 

shall make grants to develop and implement multidisciplinary child 

abuse investigation and prosecution programs. 

(b) DIRECT SERVICES FOR VICTIMS OF CHILD PORNOGRAPHY.— 

The Administrator, in coordination with the Director and with the 

Director of the Office of Victims of Crime, may make grants to develop and implement specialized programs to identify and provide 

direct services to victims of child pornography. 

ø(b)¿ (c) GRANT CRITERIA.—(1) The Director shall establish the 

criteria to be used in evaluating applications for grants under this 

section consistent with sections 299B and 299E of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5665 et 

seq.). 


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14 

(2) In general, the grant criteria established pursuant to paragraph (1) may require that a program include any of the following 

elements: 

(A) A written agreement between local law enforcement, 

social service, health, and other related agencies to coordinate 

child abuse investigation, prosecution, treatment, and counseling services. 

(B) An appropriate site for referring, interviewing, treating, and counseling child victims of sexual and serious physical 

abuse and neglect and nonoffending family members (referred 

to as the ‘‘counseling center’’). 

(C) Referral of all sexual and serious physical abuse and 

neglect cases to the counseling center not later than 24 hours 

after notification of an incident of abuse. 

(D) Joint initial investigative interviews of child victims by 

personnel from law enforcement, health, and social service 

agencies. 

(E) A requirement that, to the extent practicable, the same 

agency representative who conducts an initial interview conduct all subsequent interviews. 

(F) A requirement that, to the extent practicable, all interviews and meetings with a child victim occur at the counseling 

center. 

(G) Coordination of each step of the investigation process 

to minimize the number of interviews that a child victim must 

attend. 

(H) Designation of a director for the multidisciplinary program. 

(I) Assignment of a volunteer or staff advocate to each 

child in order to assist the child and, when appropriate, the 

child’s family, throughout each step of judicial proceedings. 

(J) Such other criteria as the Director shall establish by 

regulation. 

ø(c)¿ (d) DISTRIBUTION OF GRANTS.—In awarding grants under 

this section, the Director shall ensure that grants are distributed 

to both large and small States and to rural, suburban, and urban 

jurisdictions. 

ø(d)¿ (e) CONSULTATION WITH REGIONAL CHILDREN’S ADVOCACY

CENTERS.—A grant recipient under this section shall consult from 

time to time with regional children’s advocacy centers in its census 

region that are grant recipients under section 213. 

* * * * * * * 

TITLE 18, UNITED STATES CODE 

PART I—CRIMES 

* * * * * * * 

CHAPTER 77—PEONAGE, SLAVERY, AND TRAFFICKING 

IN PERSONS 

* * * * * * * 


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§ 1591. Sex trafficking of children or by force, fraud, or coercion 

(a) Whoever knowingly— 

(1) in or affecting interstate or foreign commerce, or within 

the special maritime and territorial jurisdiction of the United 

States, recruits, entices, harbors, transports, provides, obtains, 

øor maintains¿ maintains, patronizes, or solicits by any means 

a person; or 

(2) benefits, financially or by receiving anything of value, 

from participation in a venture which has engaged in an act 

described in violation of paragraph (1), 

knowing, or in reckless disregard of the fact, that means of force, 

threats of force, fraud, coercion described in subsection (e)(2), or 

any combination of such means will be used to cause the person to 

engage in a commercial sex act, or that the person has not attained 

the age of 18 years and will be caused to engage in a commercial 

sex act, shall be punished as provided in subsection (b). 

(b) The punishment for an offense under subsection (a) is— 

(1) if the offense was effected by means of force, threats of 

force, fraud, or coercion described in subsection (e)(2), or by 

any combination of such means, or if the person recruited, enticed, harbored, transported, provided, øor obtained¿ obtained, 

patronized, or solicited had not attained the age of 14 years at 

the time of such offense, by a fine under this title and imprisonment for any term of years not less than 15 or for life; or 

(2) if the offense was not so effected, and the person recruited, enticed, harbored, transported, provided, øor obtained¿ 

obtained, patronized, or solicited had attained the age of 14 

years but had not attained the age of 18 years at the time of 

such offense, by a fine under this title and imprisonment for 

not less than 10 years or for life. 

(c) In a prosecution under subsection (a)(1) in which the defendant had a reasonable opportunity to observe the person so recruited, enticed, harbored, transported, provided, obtained øor 

maintained¿, maintained, patronized, or solicited, the Government 

need not prove that the defendant øknew that the person¿ knew, 

or recklessly disregarded the fact, that the person had not attained 

the age of 18 years. 

(d) Whoever obstructs, attempts to obstruct, or in any way 

interferes with or prevents the enforcement of this section, shall be 

fined under this title, imprisoned for a term not to exceed 20 years, 

or both. 

(e) In this section: 

(1) The term ‘‘abuse or threatened abuse of law or legal 

process’’ means the use or threatened use of a law or legal 

process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in 

order to exert pressure on another person to cause that person 

to take some action or refrain from taking some action. 

(2) The term ‘‘coercion’’ means— 

(A) threats of serious harm to or physical restraint 

against any person; 

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sult in serious harm to or physical restraint against any 

person; or 

(C) the abuse or threatened abuse of law or the legal 

process. 

(3) The term ‘‘commercial sex act’’ means any sex act, on 

account of which anything of value is given to or received by 

any person. 

(4) The term ‘‘serious harm’’ means any harm, whether 

physical or nonphysical, including psychological, financial, or 

reputational harm, that is sufficiently serious, under all the 

surrounding circumstances, to compel a reasonable person of 

the same background and in the same circumstances to perform or to continue performing commercial sexual activity in 

order to avoid incurring that harm. 

(5) The term ‘‘venture’’ means any group of two or more individuals associated in fact, whether or not a legal entity. 

* * * * * * * 

CHAPTER 117—TRANSPORTATION FOR ILLEGAL 

SEXUAL ACTIVITY AND RELATED CRIMES 

* * * * * * * 

§ 2423. Transportation of minors 

(a) TRANSPORTATION WITH INTENT TO ENGAGE IN CRIMINAL

SEXUAL ACTIVITY.—A person who knowingly transports an individual who has not attained the age of 18 years in interstate or foreign commerce, or in any commonwealth, territory or possession of 

the United States, with intent that the individual engage in prostitution, or in any sexual activity for which any person can be 

charged with a criminal offense, shall be fined under this title and 

imprisoned not less than 10 years or for life. 

(b) TRAVEL WITH INTENT TO ENGAGE IN ILLICIT SEXUAL CONDUCT.—A person who travels in interstate commerce or travels into 

the United States, or a United States citizen or an alien admitted 

for permanent residence in the United States who travels in foreign commerce, for the purpose of engaging in any illicit sexual 

conduct with another person shall be fined under this title or imprisoned not more than 30 years, or both. 

(c) ENGAGING IN ILLICIT SEXUAL CONDUCT IN FOREIGN

PLACES.—Any United States citizen or alien admitted for permanent residence who travels in foreign commerce or resides, either 

temporarily or permanently, in a foreign country, and engages in 

any illicit sexual conduct with another person shall be fined under 

this title or imprisoned not more than 30 years, or both. 

(d) ANCILLARY OFFENSES.—Whoever, for the purpose of commercial advantage or private financial gain, arranges, induces, procures, or facilitates the travel of a person knowing that such a person is traveling in interstate commerce or foreign commerce for the 

purpose of engaging in illicit sexual conduct shall be fined under 

this title, imprisoned not more than 30 years, or both. 

(e) ATTEMPT AND CONSPIRACY.—Whoever attempts or conspires 

to violate subsection (a), (b), (c), or (d) shall be punishable in the 

same manner as a completed violation of that subsection. 


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17 

(f) DEFINITION.—As used in this section, the term ‘‘illicit sexual 

conduct’’ means (1) a sexual act (as defined in section 2246) with 

a person under 18 years of age that would be in violation of chapter 109A if the sexual act occurred in the special maritime and territorial jurisdiction of the United States; or (2) any commercial sex 

act (as defined in section 1591) with a person under 18 years of 

age. 

(g) DEFENSE.—In a prosecution under this section based on illicit sexual conduct as defined in subsection (f)(2), it is a defense, 

which the defendant must establish by øa preponderance of the evidence¿ clear and convincing evidence, that the defendant reasonably believed that the person with whom the defendant engaged in 

the commercial sex act had attained the age of 18 years. 

* * * * * * * 

CHAPTER 119—WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL 

COMMUNICATIONS 

* * * * * * * 

§ 2516. Authorization for interception of wire, oral, or electronic communications 

(1) The Attorney General, Deputy Attorney General, Associate 

Attorney General, or any Assistant Attorney General, any acting 

Assistant Attorney General, or any Deputy Assistant Attorney 

General or acting Deputy Assistant Attorney General in the Criminal Division or National Security Division specially designated by 

the Attorney General, may authorize an application to a Federal 

judge of competent jurisdiction for, and such judge may grant in 

conformity with section 2518 of this chapter an order authorizing 

or approving the interception of wire or oral communications by the 

Federal Bureau of Investigation, or a Federal agency having responsibility for the investigation of the offense as to which the application is made, when such interception may provide or has provided evidence of— 

(a) any offense punishable by death or by imprisonment for 

more than one year under sections 2122 and 2274 through 

2277 of title 42 of the United States Code (relating to the enforcement of the Atomic Energy Act of 1954), section 2284 of 

title 42 of the United States Code (relating to sabotage of nuclear facilities or fuel), or under the following chapters of this 

title: chapter 10 (relating to biological weapons) chapter 37 (relating to espionage), chapter 55 (relating to kidnapping), chapter 90 (relating to protection of trade secrets), chapter 105 (relating to sabotage), chapter 115 (relating to treason), chapter 

102 (relating to riots), chapter 65 (relating to malicious mischief), chapter 111 (relating to destruction of vessels), or chapter 81 (relating to piracy); 

(b) a violation of section 186 or section 501(c) of title 29, 

United States Code (dealing with restrictions on payments and 

loans to labor organizations), or any offense which involves 

murder, kidnapping, robbery, or extortion, and which is punishable under this title; 


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(c) any offense which is punishable under the following 

sections of this title: section 37 (relating to violence at international airports), section 43 (relating to animal enterprise terrorism), section 81 (arson within special maritime and territorial jurisdiction), section 201 (bribery of public officials and 

witnesses), section 215 (relating to bribery of bank officials), 

section 224 (bribery in sporting contests), subsection (d), (e), (f), 

(g), (h), or (i) of section 844 (unlawful use of explosives), section 

1032 (relating to concealment of assets), section 1084 (transmission of wagering information), section 751 (relating to escape), section 832 (relating to nuclear and weapons of mass destruction threats), section 842 (relating to explosive materials), 

section 930 (relating to possession of weapons in Federal facilities), section 1014 (relating to loans and credit applications 

generally; renewals and discounts), section 1114 (relating to officers and employees of the United States), section 1116 (relating to protection of foreign officials),‘‘ after ’’section 1014 (relating to loans and credit applications generally; renewals and 

discounts), sections 1503, 1512, and 1513 (influencing or injuring an officer, juror, or witness generally), section 1510 (obstruction of criminal investigations), section 1511 (obstruction 

of State or local law enforcement), section 1591 (sex trafficking 

of children by force, fraud, or coercion), section 1751 (Presidential and Presidential staff assassination, kidnapping, and 

assault), section 1951 (interference with commerce by threats 

or violence), section 1952 (interstate and foreign travel or 

transportation in aid of racketeering enterprises), section 1958 

(relating to use of interstate commerce facilities in the commission of murder for hire), section 1959 (relating to violent crimes 

in aid of racketeering activity), section 1954 (offer, acceptance, 

or solicitation to influence operations of employee benefit plan), 

section 1955 (prohibition of business enterprises of gambling), 

section 1956 (laundering of monetary instruments), section 

1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity), section 659 

(theft from interstate shipment), section 664 (embezzlement 

from pension and welfare funds), section 1343 (fraud by wire, 

radio, or television), section 1344 (relating to bank fraud), section 1992 (relating to terrorist attacks against mass transportation), sections 2251 and 2252 (sexual exploitation of children), section 2251A (selling or buying of children), section 

2252A (relating to material constituting or containing child 

pornography), section 1466A (relating to child obscenity), section 2260 (production of sexually explicit depictions of a minor 

for importation into the United States), sections 2421, 2422, 

2423, and 2425 (relating to transportation for illegal sexual activity and related crimes),sections 2312, 2313, 2314, and 2315 

(interstate transportation of stolen property), section 2321 (relating to trafficking in certain motor vehicles or motor vehicle 

parts), section 2340A (relating to torture), section 1203 (relating to hostage taking), section 1029 (relating to fraud and related activity in connection with access devices), section 3146 

(relating to penalty for failure to appear), section 3521(b)(3) 

(relating to witness relocation and assistance), section 32 (relating to destruction of aircraft or aircraft facilities), section 38 


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(relating to aircraft parts fraud), section 1963 (violations with 

respect to racketeer influenced and corrupt organizations), section 115 (relating to threatening or retaliating against a Federal official), section 1341 (relating to mail fraud), a felony violation of section 1030 (relating to computer fraud and abuse), 

section 351 (violations with respect to congressional, Cabinet, 

or Supreme Court assassinations, kidnapping, and assault), 

section 831 (relating to prohibited transactions involving nuclear materials), section 33 (relating to destruction of motor vehicles or motor vehicle facilities), section 175 (relating to biological weapons), section 175c (relating to variola virus)section 

956 (conspiracy to harm persons or property overseas),, section 

a felony violation of section 1028 (relating to production of 

false identification documentation), section 1425 (relating to 

the procurement of citizenship or nationalization unlawfully), 

section 1426 (relating to the reproduction of naturalization or 

citizenship papers), section 1427 (relating to the sale of naturalization or citizenship papers), section 1541 (relating to passport issuance without authority), section 1542 (relating to false 

statements in passport applications), section 1543 (relating to 

forgery or false use of passports), section 1544 (relating to misuse of passports), or section 1546 (relating to fraud and misuse 

of visas, permits, and other documents), section 555 (relating 

to construction or use of international border tunnels); 

(d) any offense involving counterfeiting punishable under 

section 471, 472, or 473 of this title; 

(e) any offense involving fraud connected with a case under 

title 11 or the manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in narcotic drugs, 

marihuana, or other dangerous drugs, punishable under any 

law of the United States; 

(f) any offense including extortionate credit transactions 

under sections 892, 893, or 894 of this title; 

(g) a violation of section 5322 of title 31, United States 

Code (dealing with the reporting of currency transactions), or 

section 5324 of title 31, United States Code (relating to structuring transactions to evade reporting requirement prohibited); 

(h) any felony violation of sections 2511 and 2512 (relating 

to interception and disclosure of certain communications and to 

certain intercepting devices) of this title; 

(i) any felony violation of chapter 71 (relating to obscenity) 

of this title; 

(j) any violation of section 60123(b) (relating to destruction 

of a natural gas pipeline,) section 46502 (relating to aircraft piracy), the second sentence of section 46504 (relating to assault 

on a flight crew with dangerous weapon), or section 46505(b)(3) 

or (c) (relating to explosive or incendiary devices, or 

endangerment of human life, by means of weapons on aircraft) 

of title 49; 

(k) any criminal violation of section 2778 of title 22 (relating to the Arms Export Control Act); 

(l) the location of any fugitive from justice from an offense 

described in this section; 


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(m) a violation of section 274, 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1324, 1327, or 1328) (relating to the smuggling of aliens); 

(n) any felony violation of sections 922 and 924 of title 18, 

United States Code (relating to firearms); 

(o) any violation of section 5861 of the Internal Revenue 

Code of 1986 (relating to firearms); 

(p) a felony violation of section 1028 (relating to production 

of false identification documents), section 1542 (relating to 

false statements in passport applications), section 1546 (relating to fraud and misuse of visas, permits, and other documents, section 1028A (relating to aggravated identity theft)) of 

this title or a violation of section 274, 277, or 278 of the Immigration and Nationality Act (relating to the smuggling of 

aliens); or 

(q) any criminal violation of section 229 (relating to chemical weapons) or section 2332, 2332a, 2332b, 2332d, 2332f, 

2332g, 2332h 2339, 2339A, 2339B, 2339C, or 2339D of this 

title (relating to terrorism); 

(r) any criminal violation of section 1 (relating to illegal restraints of trade or commerce), 2 (relating to illegal monopolizing of trade or commerce), or 3 (relating to illegal restraints 

of trade or commerce in territories or the District of Columbia) 

of the Sherman Act (15 U.S.C. 1, 2, 3); 

(s) any violation of section 670 (relating to theft of medical 

products); or 

(t) any conspiracy to commit any offense described in any 

subparagraph of this paragraph. 

(2) The principal prosecuting attorney of any State, or the principal prosecuting attorney of any political subdivision thereof, if 

such attorney is authorized by a statute of that State to make application to a State court judge of competent jurisdiction for an 

order authorizing or approving the interception of wire, oral, or 

electronic communications, may apply to such judge for, and such 

judge may grant in conformity with section 2518 of this chapter 

and with the applicable State statute an order authorizing, or approving the interception of wire, oral, or electronic communications 

by investigative or law enforcement officers having responsibility 

for the investigation of the offense as to which the application is 

made, when such interception may provide or has provided evidence of the commission of the offense of murder, kidnapping, 

human trafficking, child sexual exploitation, child pornography production, gambling, robbery, bribery, extortion, or dealing in narcotic drugs, marihuana or other dangerous drugs, or other crime 

dangerous to life, limb, or property, and punishable by imprisonment for more than one year, designated in any applicable State 

statute authorizing such interception, or any conspiracy to commit 

any of the foregoing offenses. 

(3) Any attorney for the Government (as such term is defined 

for the purposes of the Federal Rules of Criminal Procedure) may 

authorize an application to a Federal judge of competent jurisdiction for, and such judge may grant, in conformity with section 2518 

of this title, an order authorizing or approving the interception of 

electronic communications by an investigative or law enforcement 

officer having responsibility for the investigation of the offense as 


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21 

to which the application is made, when such interception may provide or has provided evidence of any Federal felony. 

* * * * * * * 

PART II—CRIMINAL PROCEDURE 

* * * * * * * 

CHAPTER 237—CRIME VICTIMS’ RIGHTS 

§ 3771. Crime victims’ rights 

(a) RIGHTS OF CRIME VICTIMS.—A crime victim has the following rights: 

(1) The right to be reasonably protected from the accused. 

(2) The right to reasonable, accurate, and timely notice of 

any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused. 

(3) The right not to be excluded from any such public court 

proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim 

would be materially altered if the victim heard other testimony 

at that proceeding. 

(4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, 

or any parole proceeding. 

(5) The reasonable right to confer with the attorney for the 

Government in the case. 

(6) The right to full and timely restitution as provided in 

law. 

(7) The right to proceedings free from unreasonable delay. 

(8) The right to be treated with fairness and with respect 

for the victim’s dignity and privacy. 

(9) The right to be informed in a timely manner of any plea 

bargain or deferred prosecution agreement. 

(10) The right to be informed of the rights under this section and the services described in section 503(c) of the Victims’ 

Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)) and 

provided contact information for the Office of the Victims’ 

Rights Ombudsman of the Department of Justice. 

(b) RIGHTS AFFORDED.— (1) IN GENERAL.—In any court proceeding involving an offense against a crime victim, the court shall ensure that the 

crime victim is afforded the rights described in subsection (a). 

Before making a determination described in subsection (a)(3), 

the court shall make every effort to permit the fullest attendance possible by the victim and shall consider reasonable alternatives to the exclusion of the victim from the criminal proceeding. The reasons for any decision denying relief under this 

chapter shall be clearly stated on the record. 

(2) HABEAS CORPUS PROCEEDINGS.— (A) IN GENERAL.—In a Federal habeas corpus proceeding arising out of a State conviction, the court shall 

ensure that a crime victim is afforded the rights described 

in paragraphs (3), (4), (7), and (8) of subsection (a). 

(B) ENFORCEMENT.— 


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(i) IN GENERAL.—These rights may be enforced by 

the crime victim or the crime victim’s lawful representative in the manner described in paragraphs (1) 

and (3) of subsection (d). 

(ii) MULTIPLE VICTIMS.—In a case involving multiple victims, subsection (d)(2) shall also apply. 

(C) LIMITATION.—This paragraph relates to the duties 

of a court in relation to the rights of a crime victim in Federal habeas corpus proceedings arising out of a State conviction, and does not give rise to any obligation or requirement applicable to personnel of any agency of the Executive Branch of the Federal Government. 

(D) DEFINITION.—For purposes of this paragraph, the 

term ‘‘crime victim’’ means the person against whom the 

State offense is committed or, if that person is killed or incapacitated, that person’s family member or other lawful 

representative. 

(c) BEST EFFORTS TO ACCORD RIGHTS.— (1) GOVERNMENT.—Officers and employees of the Department of Justice and other departments and agencies of the 

United States engaged in the detection, investigation, or prosecution of crime shall make their best efforts to see that crime 

victims are notified of, and accorded, the rights described in 

subsection (a). 

(2) ADVICE OF ATTORNEY.—The prosecutor shall advise the 

crime victim that the crime victim can seek the advice of an 

attorney with respect to the rights described in subsection (a). 

(3) NOTICE.—Notice of release otherwise required pursuant 

to this chapter shall not be given if such notice may endanger 

the safety of any person. 

(d) ENFORCEMENT AND LIMITATIONS.— (1) RIGHTS.—The crime victim or the crime victim’s lawful 

representative, and the attorney for the Government may assert the rights described in subsection (a). A person accused of 

the crime may not obtain any form of relief under this chapter. 

(2) MULTIPLE CRIME VICTIMS.—In a case where the court 

finds that the number of crime victims makes it impracticable 

to accord all of the crime victims the rights described in subsection (a), the court shall fashion a reasonable procedure to 

give effect to this chapter that does not unduly complicate or 

prolong the proceedings. 

(3) MOTION FOR RELIEF AND WRIT OF MANDAMUS.—The 

rights described in subsection (a) shall be asserted in the district court in which a defendant is being prosecuted for the 

crime or, if no prosecution is underway, in the district court in 

the district in which the crime occurred. The district court 

shall take up and decide any motion asserting a victim’s right 

forthwith. If the district court denies the relief sought, the 

movant may petition the court of appeals for a writ of mandamus. The court of appeals may issue the writ on the order 

of a single judge pursuant to circuit rule or the Federal Rules 

of Appellate Procedure. The court of appeals shall take up and 

decide such application forthwith within 72 hours after the petition has been filed, unless the litigants, with the approval of 

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eration. In deciding such application, the court of appeals shall 

apply ordinary standards of appellate review. In no event shall 

proceedings be stayed or subject to a continuance of more than 

five days for purposes of enforcing this chapter. If the court of 

appeals denies the relief sought, the reasons for the denial 

shall be clearly stated on the record in a written opinion. 

(4) ERROR.—In any appeal in a criminal case, the Government may assert as error the district court’s denial of any 

crime victim’s right in the proceeding to which the appeal relates. 

(5) LIMITATION ON RELIEF.—In no case shall a failure to afford a right under this chapter provide grounds for a new trial. 

A victim may make a motion to re-open a plea or sentence only 

if— 

(A) the victim has asserted the right to be heard before or during the proceeding at issue and such right was 

denied; 

(B) the victim petitions the court of appeals for a writ 

of mandamus within 14 days; and 

(C) in the case of a plea, the accused has not pled to 

the highest offense charged. 

This paragraph does not affect the victim’s right to restitution 

as provided in title 18, United States Code. 

(6) NO CAUSE OF ACTION.—Nothing in this chapter shall be 

construed to authorize a cause of action for damages or to create, to enlarge, or to imply any duty or obligation to any victim 

or other person for the breach of which the United States or 

any of its officers or employees could be held liable in damages. 

Nothing in this chapter shall be construed to impair the prosecutorial discretion of the Attorney General or any officer 

under his direction. 

(e) DEFINITIONS.—For the purposes of øthis chapter, the term¿ 

this chapter: 

(1) COURT OF APPEALS.—The term ‘‘court of appeals’’ 

means— 

(A) the United States court of appeals for the judicial 

district in which a defendant is being prosecuted; or 

(B) for a prosecution in the Superior Court of the District of Columbia, the District of Columbia Court of Appeals. 

(2) CRIME VICTIM.— 

(A) IN GENERAL.—The term ‘‘crime victim’’ means a 

person directly and proximately harmed as a result of the 

commission of a Federal offense or an offense in the District of Columbia. øIn the case¿ 

(B) MINORS AND CERTAIN OTHER VICTIMS.—In the case 

of a crime victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of 

the crime victim or the representatives of the crime victim’s estate, family members, or any other persons appointed as suitable by the court, may assume the crime 

victim’s rights under this chapter, but in no event shall 

the defendant be named as such guardian or representative. 


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24 

(3) DISTRICT COURT; COURT.—The terms ‘‘district court’’ 

and ‘‘court’’ include the Superior Court of the District of Columbia. 

(f) PROCEDURES TO PROMOTE COMPLIANCE.— 

(1) REGULATIONS.—Not later than 1 year after the date of 

enactment of this chapter, the Attorney General of the United 

States shall promulgate regulations to enforce the rights of 

crime victims and to ensure compliance by responsible officials 

with the obligations described in law respecting crime victims. 

(2) CONTENTS.—The regulations promulgated under paragraph (1) shall— 

(A) designate an administrative authority within the 

Department of Justice to receive and investigate complaints relating to the provision or violation of the rights 

of a crime victim; 

(B) require a course of training for employees and offices of the Department of Justice that fail to comply with 

provisions of Federal law pertaining to the treatment of 

crime victims, and otherwise assist such employees and offices in responding more effectively to the needs of crime 

victims; 

(C) contain disciplinary sanctions, including suspension or termination from employment, for employees of the 

Department of Justice who willfully or wantonly fail to 

comply with provisions of Federal law pertaining to the 

treatment of crime victims; and 

(D) provide that the Attorney General, or the designee 

of the Attorney General, shall be the final arbiter of the 

complaint, and that there shall be no judicial review of the 

final decision of the Attorney General by a complainant. 

SECTION 3702 OF THE CRIME CONTROL ACT OF 1990 

SEC. 3702. STATE REQUIREMENTS. 

Each State reporting under the provisions of this title shall— 

(1) ensure that no law enforcement agency within the 

State establishes or maintains any policy that requires the observance of any waiting period before accepting a missing child 

or unidentified person report; 

(2) ensure that no law enforcement agency within the 

State establishes or maintains any policy that requires the removal of a missing person entry from its State law enforcement system or the National Crime Information Center computer database based solely on the age of the person; øand¿ 

(3) provide that each such report and all necessary and 

available information, which, with respect to each missing 

child report, shall include— 

(A) the name, date of birth, sex, race, height, weight, 

and eye and hair color of the child; 

(B) the date and location of the last known contact 

with the child; and 

(C) the category under which the child is reported 

missing; 


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is entered within 2 hours of receipt into the State law enforcement system and the National Crime Information Center computer networks and made available to the Missing Children Information Clearinghouse within the State or other agency designated within the State to receive such reports; and 

(4) provide that after receiving reports as provided in paragraph ø(2)¿ (3), the law enforcement agency that entered the 

report into the National Crime Information Center shall— 

(A) no later than 60 days after the original entry of 

the record into the State law enforcement system and National Crime Information Center computer networks, 

verify and update such record with any additional information, including, where available, medical and dental 

records and a photograph taken within the previous 180 

days; 

(B) institute or assist with appropriate search and investigative procedures; øand¿ 

(C) notify the National Center for Missing and Exploited Children of each report received relating to a child 

reported missing from a foster care family home or 

childcare institution; and 

ø(C)¿ (D) maintain close liaison with the National 

Center for Missing and Exploited Children for the exchange of information and technical assistance in the missing children cases. 

Æ 


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